Opinion
March 6, 2001.
Determination of respondents, dated August 24, 1999, dismissing petitioner from his position as a Supervisor II with respondent City of New York's Administration for Children's Services, unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, New York County [Karla Moskowitz, J.], entered February 25, 2000), dismissed, without costs.
Jeffrey L. Kreisberg, for petitioner.
Stephen J. McGrath, for respondents.
Before: Rosenberger, J.P., Mazzarelli, Ellerin, Wallach, Buckley, JJ.
The penalty of dismissal for this employee of 14 years, based upon findings of repeated acts of insubordination and disrespectful behavior over a period of more than year, including an incident which occurred after petitioner was already under a first set of disciplinary charges, does not shock our sense of fairness (see, Matter of Short v. Nassau County Civil Serv. Commn., 45 N.Y.2d 721).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.